Browsing by Author "Costa, Jéssica Hind Ribeiro"
Now showing 1 - 20 of 23
Results Per Page
Sort Options
Item O aborto como direito à liberdade da mulher: uma análise à luz ADPF 442(Universidade Catolica de Salvador, 2019-12-12) Oliveira, Érica Silva de; Costa, Jéssica Hind Ribeiro; lattes.cnpq.br; Nilo, Alessandro Timbó; lattes.cnpq.br; Baptista, Karine da Costa Rocha; lattes.cnpq.brThe objective of this study is to provide an overview of abortion, its concept through different subjects, its history and evolution, as well as its modalities, methods and data that show the qualification of the female audience reached, mainly addressing an important action that is in which is the ADPF 442, which provides for the decriminalization of the practice until the 12th week of pregnancy. The issue is very sensitive and complex, observing that since its criminalization, the State has not yet made progress, and continues to apply sanctions for women who practice it. Observing that in addition to these factors, this method of abortion continues to be applied, becoming not only a criminal type, but also a public health problem if one observes the number of women who die from post-abortion complications. The work besides bringing a matter of relevance, aims to understand the motivation of crime typification, aiming to emphasize a study not only by the letter of the law, but also by the stigmatized reality of the Brazilian woman who performs the abortion.Item Análise a respeito do conflito entre a proibição do aborto e a permissão do descarte de embriões fecundados em laboratório(Universidade Católica do Salvador, 2020-06-04) Silva, Dalila Lima da; Costa, Jéssica Hind Ribeiro; http://lattes.cnpq.br/; Carvalho, Érica Rios de; http://lattes.cnpq.br/This research was carried out with the aim of analyzing the limits between the permission to discard fertilized embryos in the laboratory and the prohibition of abortion, through doctrinal, legislative and jurisprudential exposition regarding the treatment of the unborn child in the perspective of the embryo in vitro and in vivo. To this end, an examination was made of what is meant by “the beginning of human life”, identifying the measures used by the Brazilian legal system for the treatment regarding the discards of these embryos and the social impact caused on the vision of the cryopreserved embryo and the one that is found fixed in the maternal uterus. In the end, through the information collected, a reflection was made regarding the dignity of the choice for motherhood and, consequently, about the woman as a subject of rights.Item Análise acerca do sistema carcerário feminino: como se dá a proteção aos direitos das mulheres privadas de liberdade sob a ótica de gênero e direitos humanos(Universidade Católica do Salvador, 2021-06-17) Alves, Daila Nunes de Jesus; Costa, Jéssica Hind Ribeiro; http://lattes.cnpq.br/; Baptista, Karine da Costa Rocha; http://lattes.cnpq.br/This article aims to investigate the relationship between incarcerated women in Brazil and the Brazilian prison system, addressing how the lack of information about the rights provided by law can directly affect the lives of women deprived of liberty, since being a woman and being deprived of liberty increases the condition of vulnerability. In the development of the research, the profile of women in prison was pointed out, as the law of penal execution deals with these issues and what is the role of the prison system regarding the protection of these women's rights. Besides all the issues that involve the practice of crimes, there is still much discussion about the discrimination that these women go through every day before a society that, still, is based on macho, power, and domination, which, since ancient times, dictates that women must act in accordance with predefined behaviors. Thus, there is a great need for the realization of rights and duties, and a government policy of resources for the health care of women deprived of their liberty is necessary. In view of this, it is of utmost importance to analyze whether the State guarantees minimum dignified conditions for women in prisons, since respect for the dignity of the human person in prisons goes far beyond just respect for laws and international treaties, it concerns a duty, defined by the Charter of the Republic of 1988, to the State. To this end, the methodology used in the research was the analysis of laws, articles, bibliographical research and doctrinal discussions.Item A confidencialidade entre médicos e pacientes maiores de 16 anos e menores de 18 anos á luz do direito brasileiro atual(Universidade Católica do Salvador, 2020-12-11) Prates, Thaís Barreiros; Costa, Jéssica Hind Ribeiro; http://lattes.cnpq.br; Nilo, Alessandro Timbó; http://lattes.cnpq.brThis article proposes an analysis of how the relationship of confidentiality between doctors and patients over 16 and under 18 will be given, in the light of current Brazilian law, observing the need to guarantee the constitutional rights of these relatively incapable minors in the legal system , as well as demonstrating the insufficiency of the capacity theory set out in the Civil Code. In this context, the methodology adopted was bibliographic research, in which it can be seen that due to the lack of specific legislation that addresses on whether or not these patients hold decision powers, and consequently the maintenance or not of confidentiality, generates legal uncertainty for doctors who don’t know how to proceed in these cases, as verified through the analysis of the opinions of the Regional Councils of Medicine on the subject. In this way, also analyzing the role of the parents and legal guardians of these minors, it will be seen that despite the existence of the legal duty of protection, the will of the child under 16 and over 18 must have a significant role at the time of decision making , given the guarantee of their constitutional rights through the concept of progressive autonomy. Having demonstrated all these aspects, it is suggested the adoption of the theory of mature minors in conjunction with the proposal of bioethical adulthood as a way of guaranteeing legal security for doctors and the inviolability of adolescent confidentiality.Item (Des) proporcionalidade do código penal em face dos bens jurídicos tutelados(Universidade Católica do Salvador, 2020-06-04) Magalhães, Cleiton Lucas Andrade dos Santos; Carvalho, Érica Rios de; http://lattes.cnpq.br/; Costa, Jéssica Hind Ribeiro; http://lattes.cnpq.br/The present research starts from the question: Does the 1940 penal code contemplate life or heritage as the most relevant legal asset for human beings? Thus, its general objective in the light of human and constitutional rights is to identify the existence of a legal asset more relevant to the penal code. The specific objectives are to analyze the difference in the treatment of legal assets in criminal law and human rights and to debate the effective legal protection of crimes against the person compared to the protection of property in the Penal Code. To this end, the literature review, document analysis and content analysis of the Brazilian Penal Code are adopted as a methodology to discuss the disproportionality in the application of the penalty and in the defense of legal assets, leading to the question of which should be more protected by the State.Item Dificuldades e desafios das pessoas com deficiência visual no acesso e permanência ao ensino superior(Universidade Católica do Salvador, 2021-06-18) Santos, Andréia da Silva; Costa, Jéssica Hind Ribeiro; http://lattes.cnpq.br/; Caribé, Júlia de Barros; http://lattes.cnpq.br/This paper proposed a discussion on the difficulties and challenges faced by people with visual impairment in access and permanence to higher education, based on a literature review, based on a survey of bibliographic references and current legislation. Forthis, a qualitative and descriptive approach was used, in which data collected in field research conducted in previous studies for theconstruction of this research were also observed. The research pointed out that despite advances in public policies and legislation that guarantee the right to education for people with visual impairment, there are still many difficulties and challenges to be overcome in order to remain quality in the university until the completion of the course.Item Direito à educação: como uma educação inclusiva de qualidade pode auxiliar na inserção e adaptação dos indivíduos com Transtorno do Espectro Autista no mercado de trabalho no âmbito do Estado da Bahia(Universidade Católica do Salvador, 2020-06-09) Andrade, Victor Cruz; Costa, Jéssica Hind Ribeiro; http://lattes.cnpq.br/; Carvalho, Érica Rios de; http://lattes.cnpq.br/The present Course Conclusion Paper, whose central problem is to verify what is missing for the rights of autistic people to be effectively ensured in the educational scope and in the Bahian labor market, has the general objective of analyzing the importance of an inclusive quality education to assist people who have Autistic Spectrum Disorder (ASD) to insert themselves and adapt fully in the workplace in the state of Bahia. In this vein, legal approaches were taken on how the current international, Brazilian and Bahian legal landscape is found regarding the protection of autistic rights, as well as, doctrinal approaches were also made on the respective topic under comment, thus identifying the reserve budget that the state of Bahia has to meet the educational needs of people with disabilities (PwD), thus including individuals with ASD.In addition, through bibliographic review and document analysis, there was an analysis of the situation of public and private education networks, as well as the role of the teacher in the education of people with ASD. Finally, it was discussed how companies could behave in relation to the adaptation of autistic people in the work environment, and how the policy of quotas for people with special needs can help in the insertion of these people in the labor market. The results of the present Work seem to indicate that the international, Brazilian and Bahian legal framework for protecting the educational rights of PwD, especially for individuals with ASD, is well consolidated.Item O direito à vida diante da terminalidade: uma análise a partir de parâmetros comparativos entre a eutanásia passiva e a ortotanásia à luz da normativa vigente(Universidade Católica do Salvador, 2020-06-15) Café, Pedro Pires; Costa, Jéssica Hind Ribeiro; http://lattes.cnpq.br/; Caribé, Júlia de BarrosThis article talks about the right of life in face of terminality, tanking as focus the comparation between the procedures of passive euthanasia and orthotanasia, from the perspective of the currente regulations. In that context, it is necessary to understand how advancing technology has been influenced on the final stage of life and how the possibilities of artificial prolongantion of life change the the perspective of the society and the law have on the topic of death. And is just about the light of the current lure that remains necessary to compare the procedures of passive euthanasia and orthotanasia, their similarities and differences, to understand why one of them is configured as a homicide by the Brazilian Penal Code, while the other is accepted in the country,as well as to understand how far does the dignity oh the humam person and the individual’s right over his own body and lige go.Item O direito de escusar-se ao padecimento, relativo enfermidade sem cura, através da eutanásia(Universidade Católica do Salvador, 2021-06-17) Drehmer, Pedro Tournillon; Costa, Jéssica Hind Ribeiro; http://lattes.cnpq.br/; Nilo, Alessandro Timbó; http://lattes.cnpq.br/This article starts from the premise that there is a right to exclude suffering, related to a disease without a cure, which would be ensured through euthanasia. As a general objective, it is discussed to what extent euthanasia is in line with Brazilian legislation, in the light of the principle of human dignity. The specific objectives describe the scenario of legal prohibition against this practice in current Brazilian law. In this way, we ponder about the possibility or not of legal adequacy, through principiological channels, in particular, through the principle of the dignity of the human person. The research focused on analysis of documents, such as legislation, and bibliographies for the feasibility of data describing the situation.Item O direito de herdar da prole eventual gerada por reprodução assistida post mortem: contradições entre a previsão constitucional de igualdade entre os filhos e as disposições código civil de 2002.(Universidade Católica do Salvador, 2019-06-12) Fentanes, Camila Araújo; Costa, Jéssica Hind Ribeiro; https://wwws.cnpq.br; Baptista, Karine da Costa Rocha; https://wwws.cnpq.brThis article investigates post mortem assisted reproductive technology (ART) and its impacts on Heritage Rights, as well as the Constitutional Principles effects on heis equality, besides the heritage social function. Thus, calls into question the biotechnological developments and its major consequences, mostly about the possibility of reproduction containing the de cujus’ genetic material, touching the uppermost concepts on ART and Heritage Rights, as even discussing conflicted academic positions and legislative divergence about the matter. Therefore, a legal decision also will be evaluated as the representative position of the brazilian courts. Finally, the prospect of heritage and consanguinity recognition of the descendant born in such conditions will be considered, regarding the parent who left his or her cryopreserved genetic material, making possible the use of ART after death. The methodology applied on this paper is the narrative revision built on a data basis of literature and other articles, besides the bibliographic research, files analyses and case study, witch will also be employed.Item Ditadura Militar Brasileira: entre o negacionismo histórico e o flerte da sociedade brasileira com o autoritarismo(Universidade Católica do Salvador, 2020-12-10) Jesus, Gabriel Victor Maltez Pimentel de; Carvalho, Érica Rios de; http://lattes.cnpq.br/; Félix, Germana Pinheiro de Almeida; http://lattes.cnpq.br/; Costa, Jéssica Hind Ribeiro; http://lattes.cnpq.br/This research aims to expose what is, how to emerge and what are the characteristics of historical revisionism in relation to the period of the Brazilian military dictatorship. It started from the general objective of examining in what kind of socioeconomic scenario the historical revisionist discourse on the military regime emerges. For that, it was adopted as specific objectives, (i) describing the historical revisionist discourse from the social network Facebook; and (ii) discussing historical revisionism based on its contextual socioeconomic insertion. As methodology, bibliographic review and document analysis were used. The time frame between 2014- 2020 was adopted for harvesting data from the social network Facebook, a period that includes the fall of President Dilma Rousseff and the rise of President Jair Bolsonaro. The final results demonstrated their inspirations and how the negationist speeches survived until the year 2020, in addition, it was evidenced how such speeches, although they do not find a chorus in most of society, are strong enough to overcome the social barrier, take to the streets and even elect negative supporters.Item Eutanásia à luz da responsabilidade médica(Universidade Católica do Salvador, 2020-12-16) Paraguassu, Greice Kely Barbosa; Costa, Jéssica Hind Ribeiro; http://lattes.cnpq.br/; Baptista, Karine da Costa Rocha; http://lattes.cnpq.br/Legal questions involving the field of bioethics are extremely relevant to the social environment, especially with regard to human life. The euthanasia theme is controversial, because it is an obscure theme, because there is no regulation that deals directly with the theme. Over time, the doctor has a fundamental role as to the practice of the act, as he is faced with events in which he will have to choose between conflicting legal assets, such as the right to life, freedom, relationship with the patient, autonomy of will, health , patient well-being, among others. In this way, the dilemma that must be observed is due to the suffering of an individual who is reaching the end of his life having to decide between the right to life or a dignified death. This article has the purpose of punctuating the concept and history of euthanasia, together with the responsibility that is given to the doctor, without the end of the trajectory, the responsible physician is to be blamed for the practical act, while questioning the right to death worthy. And finally bringing a reflection on the exposition of the need for a legal order that clearly deals with the legalization of euthanasia, with the patient's consent.Item O fascismo contemporâneo: elementos de continuidade e/ou retorno dentro do Estado Democrático de Direito(Universidade Católica do Salvador, 2020-06-29) Silva, Mízia Duarte; Carvalho, Érica Rios de; http://lattes.cnpq.br/; Valverde, Thaianna de Souza; http://lattes.cnpq.br/; Costa, Jéssica Hind Ribeiro; http://lattes.cnpq.br/The research question is an analysis of contemporary fascism and its continuity and/or return within a Democratic State through the analysis of characteristic elements, illustrating based on hate speech, identifying the possible consequences for the loss of rights fundamental, exemplifying from dystopias. The problem is based on the wave of authoritarian and violent actions that are perpetuating themselves from leaders within the current democratic system, the difficulty of understanding these acts as fascists implies the loss of fundamental rights that were once carried out. As methodology, bibliographic research and document analysis were conducted. A 10-year time frame was applied for the bibliographic review. The final results showed that fascism has been present since its birth, however, it is transmuted according to the historical context, adapting to social demands. Despite the current formation of the elements, the characteristic bases are the same and consequently it restricts fundamental rights in order to achieve mass control.Item A influência das políticas estadunidenses de guerra às drogas nas políticas brasileiras de combate ao narcotráfico(Universidade Católica do Salvador, 2020-06-29) Guedes, Janaína Catarina Cristina da Silveira; Carvalho, Érica Rios de; http://lattes.cnpq.br/; Costa, Jéssica Hind Ribeiro; http://lattes.cnpq.br/This article deals with how foreign public policies, more precisely that of the United States of America, influence the elaboration of Brazilian domestic policies. The question that the article aims to answer is what are the influences pronounced by the drug war in the USA, in the Brazilian context, with the general objective of analyzing the influence of the drug war on Brazilian public policies to combat drug trafficking; and as specific objectives, the identification of how these influences act in Brazilian public policies to combat drug trafficking and the reflection on the effectiveness of these public influences in Bahia. To this end, the methodology used in the article is bibliographic review and document analysis.Item Justice GAP: a dificuldade no acesso à informação jurídica e os obstáculos ao exercício dos direitos do cidadão Soteropolitano(Universidade Católica do Salvador, 2021-12-09) Silva, Igor Leite Ribeiro; Carvalho, Érica Rios de; http://lattes.cnpq.br/; Carvalho, Érica Rios de; http://lattes.cnpq.br/; Costa, Jéssica Hind Ribeiro; http://lattes.cnpq.br/This article is based on the research question: how does the relationship between access to information, legal knowledge and the enforcement of rights develop? The general objective was to analyze the correlations between learned legal information, understanding and the realization of rights by the society of Salvador, in light of the concept of the Justice Gap. The specific objectives were to identify the rights and the way of exercising them that the population of Salvador knows and to reflect on the possible causes of the justice gap in Salvador-BA. As methodology, we used a bibliographic review, document analysis and an online questionnaire, using the snowball sampling technique, with citizens from Salvador. The results indicated that a considerable portion of the respondent population highlighted the existence of violation of rights, with emphasis on the area of consumer rights, but did not take any action against this violation. As a result, it was found that the absence of adequate legal technical knowledge and the deficiency in the quality of public services in Salvador/BA are the biggest obstacles that justify the distance between guaranteeing the right and making it effective, that is, the justice gap.Item Maternidade por substituição no aspecto da bioética e da filiação à luz do direito contemporâneo brasileiro.(Universidade Católica do Salvador, 2019-06-12) Bitencourt, Lara Brito; Costa, Jéssica Hind Ribeiro; https://wwws.cnpq.brIn the face of the technological advances, over the years, which have influenced the scientific and technological development of assisted human reproduction, the direct interference of this before the changes in the society is notorious. There was a solution of the problems of pregnancy impossibility through the evolution of the techniques of assisted human reproduction, which brought new concepts of the families, as well as of the affiliation. This is because the affective bond has become more important than the genetic link, which is why it is necessary to insert these scientific methods into Brazilian legal regulation. Among these techniques of assisted reproduction are gestation by substitution, which has a controversial bias due to the conflicts between constitutional and bioethical principles, as well as the questions of "coisificação" and "commercialization of the body". Thus, it is imperative that these techniques be framed in Brazilian legislation, in favor of legal protection and social interest, preserving the dignity of the human person, autonomy and freedom in family planning.Item A obsolescência programada em des(encontro) aos direitos e expectativas do consumidor do consumidor(Universidade Católica do Salvador, 2020-12-14) Freitas, Lorena Melo de; Costa, Jéssica Hind Ribeiro; http://lattes.cnpq.br; Carvalho, Érica Rios de; http://lattes.cnpq.brCette étude vise à analyser la façon dont la pratique de l'obsolescence programmée provoque un impact sur les droits et les expectatives des consommateurs en ce qui concerne la durabilité des produits.L'accent a été mis sur l la jurisprudence des tribunaux de l'État de Sao Paulo de 2013 à nos jours, avec comme principale référence théorique la recherche empirique de Lia Assumpção, présentée dans sa thèse "Obsolescence planifiée, pratiques de consommation et design: une enquête sur les biens de consommation". Bien que la pratique de l'obsolescence programmée existe depuis le début du XXe siècle, son thème n'est bien connu que depuis les dernières décennies, et lorsqu'il touche tout un groupe de consommateurs brésiliens, le sujet demande encore beaucoup de recherches car il y a peu de résultats publiés dans le domaine juridique. Le travail conceptualise d'abord, à travers la doctrine et la législation brésiliennes, l'obsolescence programmée; ensuite, il analyse le panorama de l'obsolescence programmée avec l'assistance technique du produit. Par conséquent, on vérifie la garantie des droits des consommateurs concernant l'obsolescence programmée par le biais des moyens judiciaires, et, enfin, il considère les pratiques pour faire face à l'obsolescence programmée au travers des politiques publiques ou de la complémentation législative. Dans tous les aspects, la relation entre l'attente de durabilité du produit par le consommateur et l'attente de sa durée de vie utile dans la réalité phatique est illustrée, en concluant qu'il existe une différence entre eux, ce qui découle souvent du comportement du fournisseur lui-même.Item Reprodução humana assistida e o consentimento informado(Universidade Católica do Salvador, 2019-12-12) Carvalho, Anne Morais de; Nilo, Alessandro Timbó; http://lattes.cnpq.br; Costa, Jéssica Hind Ribeiro; http://lattes.cnpq.brInfertility is a complex and increasingly diagnosed disease that has not only biological but also emotional, social, religious and legal repercussions. The advance of medicine provided the manipulation of human gametes, creating the chance for infertile couples to breed. However, on the other hand, many issues related to bioethics and the legal protection of life, personality and morality are still the subject of many disputes. It is the role of law to protect human beings and their most relevant legal property and it is the duty of the State to regulate the practice of assisted reproduction based on the ethical limits and fundamental rights provided for in the Federal Constitution of 1988. This article has the main objective is to suggest, within these moral and ethical limits and in accordance with the incipient legal support for this practice, the construction of contracts to provide this type of service in order to confer, or at least increase, the security of the institutions, the doctors and the patients who offer/seek this type of service.Item Responsabilidade penal médica: sina à sociedade do risco(Universidade Católica do Salvador, 2020-12-11) Silva, Rodrigo dos Anjos; Costa, Jéssica Hind Ribeiro; http://lattes.cnpq.br/; Nilo, Alessandro Timbó; http://lattes.cnpq.br/This paper aims to analyze the social risks resulting from post-modernization regarding medical practice, analized from the Critical Theory of World Risk Society, proposed by Ulrich Beck. We analized specifically the social risks of medical practice due to scientific and technological development and the legal-criminal intervention in the context of medical accountability regarding their labor acts. In order to answer the proposed objectives, a bibliographic research was carried out through a database survey with publications in Portuguese, English and Spanish. This article was organized in specific chapters that deal with medical ethics, medical errors, medical criminal liability and risk society and the doctor-patient relationship. In this context, the benefits and risks of technological and scientific development for the work of the physician became evident, as well as the need for caution in using the guidelines of the Defensive Medicine Guide that promotes the excessive use of diagnostic procedures as a way to protect doctors from possible crimnal proceedings. Thus, we can infer that medical professionals in the risk society must respect the patient's will and right to self-determination, aware that consent in relation to treatment will play an extremely important role in the doctor-patient relationship.Item O trabalho artístico infantil e a garantia da proteção integral da criança e do adolescente(Universidade Católica do Salvador, 2019-01-29) Silva, Igor Nogueira da; Caribé, Júlia de Barros; http://lattes.cnpq.br; Costa, Jéssica Hind Ribeiro; http://lattes.cnpq.brThe main goal of this scientific article is to analyze how the Principle of Full Protection of the Child and the Adolescent, predicted by the Brazilian Constitution of 1988, is applied to the child and youngster people subjected to artistic labor before reaching the minimum age required in the art. 227, §3º, of the Federal Constitution. Strictly speaking, according to the doctrine of absolute priority, it is indeed necessary to professionalize the children and adolescents for their full physical and psychic development. However, there is no specific legislation in Brazil that regulates the labor of children and adolescents that act in the artistic niche, therefore, there are no objective requirements to guarantee, at the same time, the right to professionalization and the rights inherent in the peculiar condition of person in development, both stemming from the doctrine of integral protection. In order to achieve the aforementioned goal, it will be necessary to analyze the historical evolution of the Brazilian legal system regarding the legislation applied to children and adolescents, as well as the bills that regulate artistic child labor.